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Suo Moto Jurisdiction of the High Court Division and its Impact on the Promotion of Human Rights in Bangldeah

- Suo Moto Jurisdiction of the High Court Division and its Impact on the Promotion of Human Rights in Bangldeah -

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Suo Moto Jurisdiction of the High Court Division and its Impact on the Promotion of Human Rights in Bangldeah

Md Shahidul Islam
Department of Law, Northern University Bangladesh,

Md Golam Moula
Department of Law, Northern University Bangladesh,


Publish Date: August 9, 2013

DOI: #

Issue: 9

Page Number: 163-174

PDF: View PDF


Abstract

As per the preamble of the Constitution of Bangladesh, it is the fundamental aim of the state to establish a society free from exploitation where rule of law, fundamental human rights can be secured for all, through its three principal organs namely, executive, legislative and judiciary. The legislature makes law, the executive enforces law and the judiciary explains law. Among these three organs the greatest responsibility is on the judiciary especially on the apex court to realise the state’s fundamental aim through its different mechanisms. People repose faith in the judiciary for complete administration of justice but seeking justice in our country through due process is too expensive where it is not always possible to provide the benefit of justice to the economically disadvantaged community. To address this situation, the legislature has empowered the High Court Division to exercise suo moto jurisdiction through ordinary and constitutional legislation. This paper consolidates the suo moto jurisdiction and its application by the High Court Division for promoting human rights in Bangladesh.

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